Luxembourg (AFP)
Airbnb won a victory Thursday against French hoteliers before the Court of Justice of the European Union, which considered that the tourist rental platform could not be forced to comply with the rules of the profession of real estate agent.
The Court found that Airbnb's activity was an "intermediation service" covered by a European directive on electronic commerce, while for the Association for accommodation and professional tourism (AHTOP) which had triggered the he case was that of a real estate agent.
The association argued that Airbnb Ireland, the company that manages the platform's activities in Europe, did not have a professional card, and therefore violated French rules (Hoguet law) applicable to movable agents.
In addition, the Court based in Luxembourg, following the conclusions of the Advocate General, held that Airbnb could challenge the application of measures restricting the freedom to provide services, such as the Hoguet law, because they had not been notified under the conditions provided for by the European directive.
"We welcome this judgment and want to move forward by continuing to work with cities on clear rules that allow families and local communities to become players in sustainable tourism," Airbnb responded in a statement. forwarded to AFP.
Following the 2017 complaint by French hoteliers, faced with competition from Airbnb, an investigating judge had asked the CJEU in the context of a preliminary ruling whether it was possible to prosecute Airbnb for infringements of rules imposed in France on real estate agents.
The EU Court of Justice will have to rule on another case involving the platform. She was seized of an appeal against the French law which conditions the hiring of certain residences on platforms to the obtaining of a preliminary authorization of the town hall in the big cities. The Advocate General's conclusions are expected in February.
© 2019 AFP